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Civ Pro Question

Posted: Fri Oct 18, 2013 6:27 pm
by Geaux12
Assuming FRCP, what's stopping an unethical attorney from naming an expert just to prevent opposing counsel from retaining said expert?

Re: Civ Pro Question

Posted: Sat Oct 19, 2013 6:32 pm
by gdane
Is this really something that you should be thinking about in a first semester civil procedure course? Don't waste time with a question like this unless it's going to show up on your exam. Did your prof talk about this at all?

Re: Civ Pro Question

Posted: Sat Oct 19, 2013 6:34 pm
by Br3v
gdane wrote:Is this really something that you should be thinking about in a first semester civil procedure course? Don't waste time with a question like this unless it's going to show up on your exam. Did your prof talk about this at all?
This.

And also my 1L limited knowledge tells me Rule 11 would probably be a problem.

Re: Civ Pro Question

Posted: Sat Oct 19, 2013 6:37 pm
by kalvano
Geaux12 wrote:Assuming FRCP, what's stopping an unethical attorney from naming an expert just to prevent opposing counsel from retaining said expert?
A federal judge's wrath at shady lawyers.

Re: Civ Pro Question

Posted: Sat Oct 19, 2013 8:45 pm
by Scotusnerd
Geaux12 wrote:Assuming FRCP, what's stopping an unethical attorney from naming an expert just to prevent opposing counsel from retaining said expert?
Rule 4.4, Model Rules of Professional Conduct. Pissed off judges. Not to mention a pissed off expert that you may have to deal with again. That's assuming you can get him to agree to that in the first place.